Courtesy translation. The French version prevails in case of any difference.

Last updated: October 29, 2026. This version applies to any registration made from that date.

These Seller Terms and Conditions (the “Seller Terms”) form the contract between Bénin-Digital, which operates the Koutonou.com marketplace (“Koutonou.com”), and any person or company that opens a shop to sell products there (the “Seller”). By submitting your registration request or ticking the acceptance box, you declare that you have read and accepted them without reservation. They supplement the General terms of use and sale, the Privacy policy and the Fees and commissions, Payments and payouts and Selling rules pages, which form part of them.

Contents

1. Definitions · 2. Purpose and role of Koutonou.com · 3. Becoming a seller · 4. Account and shop · 5. Authorized and prohibited products · 6. Product listings and buyer information · 7. Prices, promotions and stock · 8. Orders and shipping · 9. Withdrawal, returns and guarantees · 10. Customer service and complaints · 11. Payments, commission and payouts · 12. Legal and tax obligations · 13. Personal data · 14. Intellectual property · 15. Prohibited conduct · 16. Suspension and termination · 17. Liability · 18. Changes to the contract · 19. General provisions · 20. Governing law and disputes · 21. Contact

1. Definitions

Professional seller : any natural or legal person who sells on a regular basis or as part of their commercial or craft activity. Private seller : any natural person who sells occasionally, outside a professional activity. Buyer : any person who buys a product on the platform. Shop : the Seller's sales space on the platform. Seller space : the interface where the Seller manages their shop, products, orders and payouts. Product : any item offered for sale by the Seller. Working day : Monday to Friday, excluding public holidays.

2. Purpose and role of Koutonou.com

Koutonou.com provides the Seller with a platform to present and sell their products to buyers, collect payments and track their orders. The sales contract is concluded between the Seller and the Buyer : the Seller is the seller of the product and assumes responsibility for it. Koutonou.com acts as a technical and commercial intermediary; it collects the price paid by the Buyer on behalf of the Seller and pays it over to them under clause 11, receives Buyers' complaints and follows their handling. The Seller remains independent: they are not an employee, agent or representative of Koutonou.com. Nothing in this contract limits the rights that the law gives the Buyer or the obligations it places on the Seller.

3. Becoming a seller

To open a shop, the Seller must be of legal age, have the capacity to contract and carry on a lawful activity in Benin. At registration and throughout the contract, they provide accurate, complete and up-to-date information:

• for any Seller: first and last name of the manager, shop name, address (city and country), phone number, professional email address, payout method (Mobile Money or bank account);
• for a professional Seller: in addition, the company name, legal form, registered office address, registration number in the Trade and Personal Property Credit Register (RCCM) or, failing that, entrepreneur status, tax identification number (IFU), and where applicable the authorization to carry on their activity;
• for a private Seller: their identity document and a declaration stating that they sell occasionally.

Koutonou.com may request supporting documents, verify this information before activating the shop and at any time, and refuse registration or make it subject to conditions, giving reasons for its decision. A Seller may not open several shops without the agreement of Koutonou.com. The Seller informs Koutonou.com of any change within 30 days.

4. Account and shop

The Seller protects their credentials and is liable for all operations carried out from their account; they notify Koutonou.com without delay in case of unauthorized use. The account is personal and may not be transferred or lent. The name, logo and presentation of the shop must not mislead the Buyer, imitate another brand or infringe third-party rights. The Seller's identification information (clause 12) is accessible to the Buyer, as explained on the page Seller information.

5. Authorized and prohibited products

The Seller only offers products that they have the right to sell, that comply with the law and the standards applicable in Benin, including the product registration required for their marketing and the quality and safety rules for foodstuffs and products. The following are prohibited : counterfeit or pirated products; falsified, expired, toxic or non-conforming medicines and foodstuffs; products whose sale is prohibited or reserved for certain persons; weapons, ammunition and explosives; dangerous products without the required authorizations and warnings; stolen products; illegal content; and any product whose prohibition Koutonou.com notifies. The Seller clearly indicates when a product is used or refurbished. Koutonou.com may remove any offer contrary to this clause. Any product or offer that appears illegal may be reported from the page Report illegal content.

6. Product listings and buyer information

Before any order, each product page presents in a clear, legible and fair manner, in French :

• the essential and technical characteristics of the product, its condition (new or used), its instructions for use and safety and health warnings; for a dangerous product, a manual in French;
• the price including all taxes, in CFA francs, and the amount of delivery costs;
• the conditions, costs and lead time of delivery, and the date by which the Seller undertakes to deliver;
• the conditions and times for return, refund and exchange;
• the commercial warranty if any: its duration, its conditions and how to claim under it (see Commercial warranties) ;
• accurate photos and descriptions, to which they hold the rights.

Any false presentation or one liable to mislead is prohibited. On pain of nullity, the Seller must be able to show that they provided this information before the contract was concluded.

7. Prices, promotions and stock

The Seller sets their prices freely, in compliance with the law. The ordered product is delivered at the price displayed at the time of the order. Any announcement of a price reduction states the reference price, the amount of the reduction, the products concerned and the period of the offer, and complies with the legal rules applicable to promotions (including, where required, the authorization of the competent authority); a reduction cannot apply to an unavailable product. Selling at a loss, selling with premiums, unjustified refusal to sell and discriminatory prices or conditions are prohibited. The Seller keeps their stock up to date. If an ordered product is unavailable, they inform Koutonou.com and the Buyer without delay and at least 24 hours before the scheduled delivery date; the Buyer is refunded in full for the amounts paid.

8. Orders and shipping

• The Seller processes each paid order within the time announced on the product page, and at the latest within 30 working days after the contract is concluded, unless the Buyer agrees otherwise.
• They pack the product appropriately, ship it or hand it to the carrier, and confirm the shipment in the seller space with the tracking number where there is one.
• They keep proof of shipment and delivery.
• The Seller is responsible for the product until it is delivered to the Buyer, including in case of loss or damage during transport.
• In case of delay, the order may be cancelled and refunded to the Buyer by simple notification, as provided by the General terms of use and sale.
• The Seller adds no unannounced fee and never asks the Buyer to pay outside the platform.

9. Withdrawal, returns and guarantees

Right of withdrawal. Where the Seller is a professional, the consumer Buyer may withdraw from their order within fifteen (15) working days from the day after receipt, without justification. The Seller accepts the return, refunds the Buyer without delay and at the latest within thirty (30) working days after receipt of the returned product, by the same payment method. They also refund delivery costs when the return is due to a delivery delay or a breach by the Seller. Return shipping costs are borne by the Buyer, except in those cases and in the case of a defective or non-conforming product. The exceptions provided by law are described on the page Returns and refunds. The Seller may deduct a depreciation only if it results from handling other than that necessary to check the conformity of the product.

Legal guarantees. The Seller is liable for the conformity of the product, hidden defects and eviction under the conditions described on the page Warranties and defective products. They may neither exclude nor limit them with regard to a consumer. For a non-conforming or defective product, the Buyer chooses between a price reduction, a refund upon return, or a conforming product, at no cost.

The Seller includes no clause in their terms that would contradict the Buyer's rights; such a clause is unenforceable.

10. Customer service and complaints

The Seller replies to Buyers' messages and complaints within 48 working hours and handles the request until it is resolved. They provide Koutonou.com, on request, with the information useful for examining a complaint (proof of shipment, exchanges, photos). Where a Buyer does not obtain a reply or a satisfactory solution, Koutonou.com may intervene as mediator, propose a solution and, if the Seller defaults or fails to meet their obligations, have the Buyer refunded by withholding the amount from the payouts due to the Seller or by invoicing it to them. The Seller keeps all useful evidence for ten (10) years from delivery.

11. Payments, commission and payouts

• Collection. Koutonou.com collects the price paid by the Buyer (Mobile Money, bank card or transfer) on behalf of the Seller. The Buyer's payment counts as payment to the Seller.
• Commission. Koutonou.com takes a commission on each sale, according to the rate schedule published on the page Fees and commissions on the day of the sale. Any payment and delivery fees are indicated before the product is put on sale.
• Payouts. The amounts due to the Seller are paid to them according to the schedule published on the page Payments and payouts, once delivery is confirmed or the withdrawal period has elapsed, after deduction of the commission, refunds to Buyers and amounts the Seller owes to Koutonou.com.
• Holds. Koutonou.com may suspend a payout in case of an ongoing complaint, suspected fraud or a request from the authorities, informing the Seller of the reason.
• Invoices. The Seller issues the invoices or proofs of sale required by law; Koutonou.com provides the Buyer with the order acknowledgment of receipt.
• No circumvention. The Seller does not encourage Buyers to conclude or pay for their purchases outside the platform.

12. Legal and tax obligations

The Seller is solely responsible for their legal, tax and social obligations: registration (RCCM or entrepreneur status for a professional), tax identification number (IFU), declaration and payment of their taxes and duties, including value-added tax where they are liable. As a person engaged in e-commerce, they make available to the Buyer, in an easy, direct and permanent way, their name or company name, address, email and phone, their trade register registration number, their capital and registered office address, and their tax identification number where required (see Seller information). They are liable by operation of law for the proper performance of their obligations towards the Buyer, unless they prove that the non-performance is attributable to the Buyer, to a third party or to a case of force majeure. They comply with the consumer protection law, the Digital Code and the rules applicable to their products.

13. Personal data

To fulfill an order, the Seller receives personal data from the Buyer (name, delivery address, phone). They use it only to process, deliver and track that order and to answer its complaints; they do not transfer it, do not use it for commercial mailings without the Buyer's prior consent, and delete it when it is no longer needed, subject to their legal retention obligations. They protect it against unauthorized access, inform Koutonou.com without delay of any security breach and complete, for their own processing, the formalities required by law, in particular with the Personal Data Protection Authority. Koutonou.com processes the Seller's data in accordance with its Privacy policy.

14. Intellectual property

The Seller guarantees that they hold the rights to the texts, photos and trademarks they publish. They grant Koutonou.com, for as long as their offers are present, a non-exclusive, free, worldwide license to display them, reproduce them, adapt them to the page layout and use them to promote the platform and its products. They undertake not to offer counterfeit products. Koutonou.com respects third-party rights: a rights holder who considers that an offer infringes their rights may report it, and Koutonou.com may remove the offer and terminate the shop of a repeat infringer. The Seller indemnifies Koutonou.com against third-party claims relating to the content they publish.

15. Prohibited conduct

The Seller is prohibited from deceiving the Buyer or Koutonou.com; from publishing or having others publish fake reviews, or from unfairly influencing reviews; from impersonating another person; from using several accounts to circumvent a sanction; from automatically extracting data from the platform; from sending unsolicited commercial messages; from disrupting the operation of the platform; from circumventing payment or the commission; from pressuring a Buyer to withdraw a review or a complaint.

16. Suspension and termination

The contract is concluded for an indefinite period from the activation of the shop. The Seller may terminate it at any time, by closing their shop after fulfilling their pending orders. Koutonou.com may terminate it with thirty (30) days' notice; it may suspend or terminate it without notice in case of serious misconduct (fraud, prohibited products, identity theft, serious infringement of the rights of Buyers or third parties), where the law or an authority requires it, or where notice would expose the platform or its users to a risk. Any suspension or termination is notified in writing, with its reasons, and the Seller may challenge it by writing to contact@koutonou.com; Koutonou.com then reviews its decision.

On termination of the contract: shops and offers are removed; the Seller remains bound to fulfill pending orders and their guarantee, return and refund obligations; the amounts due to them are paid after deduction of the amounts owed to Koutonou.com and pending refunds; the clauses that by nature must continue to apply (guarantees, liability, data, intellectual property, disputes) survive.

17. Liability

The Seller is liable for their products, their offers and the performance of their sales, and indemnifies Koutonou.com against any claim, judgment or cost resulting from their breaches, including refunds made to Buyers in their place. Koutonou.com guarantees neither a level of sales nor the absence of interruption of the platform (maintenance, technical incident, force majeure), but undertakes to limit their frequency and duration. It is not liable for indirect losses or for the Seller's loss of profits, except in case of its gross negligence or fraud, and without limiting liabilities that cannot be limited by law.

18. Changes to the contract

Koutonou.com may modify these terms and the pages that form part of them (commission, payouts, selling rules) for legal, technical or commercial reasons. It publishes the new terms and informs Sellers by email or in the seller space at least thirty (30) days before they take effect, unless the law requires a shorter period. A Seller who refuses the change may terminate their contract before that date; if they continue to sell afterwards, they are deemed to accept it. Sales concluded before the effective date remain subject to the terms in force on their date.

19. General provisions

These terms constitute the entire agreement between Koutonou.com and the Seller on their subject matter. If any of their clauses is declared void, the others remain in force. Failure to rely on a breach does not constitute a waiver. The Seller may not assign the contract without the written agreement of Koutonou.com; Koutonou.com may assign it to a company that takes over its business, informing the Seller. Communications are made by email or in the seller space, and the data recorded by the platform is evidence, unless proven otherwise. The terms are drafted in French, which prevails over any translation.

20. Governing law and disputes

The contract is governed by Beninese law, including the OHADA Uniform Acts where they apply. In case of dispute, the parties first seek an amicable solution by writing to contact@koutonou.com. Failing agreement, the competent courts of Cotonou have sole jurisdiction, without prejudice to the mandatory provisions of the law.

21. Contact

Bénin-Digital, operator of Koutonou.com
Lot 85, rue 12.200, Haie Vive, BP001 Cotonou, Benin
Email: contact@koutonou.com
Phone / WhatsApp: +229 01 98 71 34 34 (Monday to Friday, 8:00 am to 6:00 pm)